Your Questions Answered: Minnesota Adoption Laws

As a Minnesota adoption lawyer, I have been faced with numerous questions, comments, and concerns about the adoption process.  Suffice it to say, that a lot depends on the particular facts of your case.

Most would-be adoptive parents are nervous and excited.  They are not really sure what to expect.  I have also found that people get a little impatient with the sometimes lengthy legal process.

In an effort to explain some of the questions I commonly get about Minnesota adoptions, I have come up with the following information.

Placement for Adoptions

Unless certain exceptions apply, all adoptions in Minnesota must proceed through the commissioner of human services, an agent of the commissioner of human services, or a licensed child placing agency.

As I said, exceptions do apply.  The commissioner of human services or other agency does not have to approve the adoption if:

• a child is over 14 years of age;
• a child is to be adopted by a relative related by blood or marriage;
• a child is to be adopted by a stepparent;
• a child has been lawfuly adopted through another State;
• a court has waived the requirement.

Therefore, in Minnesota, private adoptions, like those handled by attorneys, may be proper if the normal procedures are waived by a court.  It is important to know when the exceptions apply because they can greatly speed up the process.

Minnesota Adoption, best interest of child

Minnesota has a policy that requires an individualized determination of the best interest and needs of a child when an adoption petition is filed with a court.

The court is very concerned about what will best serve the needs of the proposed adoptive child or children.  If a child placement agency is involved, the court will consider placement which is consistent with the child's best interest in the following order:

1. a relative or relatives of the child; or
2. an important friend that the child has resided with or had other significant contact.

Furthermore, if a child's birth parent or parents explicitly request that placement with relatives or important friends not be considered, the child-placing agency must honor that request.  The child's birth parents may also express their preference for placing a child in a home of similar religious background to that of the birth-parents.

Also, at the request of a birth parent, separate legal counsel must be made available to the birth parent at the expense of the prospective adoptive parent. This means that the prospective adoptive parent may have to pay for legal fees for a direct adoptive placement in Minnesota.  This is because the birth parent has the right to legal counsel and that right continues until the birth parent's consent become irrevocable - but not longer than 70 days after placement.

Those are my initial thoughts on some of the common questions I get from potential clients and people asking me about Minnesota adoptions.  Feel free to contact me for further information about adoption law at 651-560-3216.